Residential Tenancies Act 1986

The Tenancy Tribunal - Procedure

99: Tribunal may require inquiry and report by Tenancy Mediator or suitable person

You could also call this:

"The Tribunal can ask for help to sort out a renting problem and get a report back."

Illustration for Residential Tenancies Act 1986

The Tribunal can ask a Tenancy Mediator to look into a matter and write a report. You can think of a Tenancy Mediator as a person who helps people resolve disputes about renting. The Tribunal can give the Tenancy Mediator directions on what to do. The Tribunal can also send a dispute to a Tenancy Mediator to help the parties agree on a settlement, using rules from section 88. If an agreement is not reached, the Tenancy Mediator reports to the Registrar. The Tribunal can appoint someone else if they think that person is suitable. This appointed person has the same powers as a Tenancy Mediator. They can be an individual or a company.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95916.

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"The Tribunal can decide to pay witnesses for their travel and time, even if they weren't asked to come."


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100: Tenancy Mediator or Tribunal may require valuer's report in certain proceedings, or

"The Tenancy Mediator or Tribunal can ask for a special report to help make a fair decision."

Part 3The Tenancy Tribunal
Procedure

99Tribunal may require inquiry and report by Tenancy Mediator or suitable person

  1. The Tribunal may, at any stage of any proceedings before it, require a Tenancy Mediator (not being one who has acted in any mediation of the dispute to which the proceedings relate) to inquire into, and report in writing to the Tribunal upon, any matter of fact having a bearing upon the proceedings, and may give to the Tenancy Mediator all such directions as to the nature, scope, and conduct of the inquiry as the Tribunal thinks fit.

  2. Without limiting subsection (1), where, during any proceedings before it, the Tribunal is satisfied that the parties may be brought to an agreed settlement in respect of any matter in issue with the assistance of independent mediation, the Tribunal may refer the matter in dispute to a Tenancy Mediator accordingly; and the provisions of subsections (2) to (7) of section 88, with any necessary modifications, shall apply, except that, if an agreed settlement is not reached the Tenancy Mediator shall report to the Registrar rather than to the chief executive.

  3. The Tribunal may, instead of appointing a Tenancy Mediator under subsection (1), appoint a person who, in the opinion of the Tribunal, is suitably qualified or experienced, and on such an appointment—

  4. the person appointed is deemed to be a Tenancy Mediator for the purpose of the appointment; and
    1. has, for that purpose, all the functions, duties, and powers of a Tenancy Mediator.
      1. A person appointed under subsection (3) may be a natural person or a body corporate.

      Notes
      • Section 99 heading: amended, on , by section 67(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
      • Section 99(2): amended, on , by section 67(2) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
      • Section 99(3): inserted, on , by section 67(3) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
      • Section 99(4): inserted, on , by section 33 of the Residential Tenancies Amendment Act 2016 (2016 No 26).